
IOWA ATTORNEY GENERAL 
OPINION 


JAN. JO,,3868 












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CONSTITUTIONAL AMENDMENT. 


RESOLUTION, REPORT OF COMMITTEE, 

AND 

OPINION OF THE ATTORNEY GENERAL. 


RESOLUTION. 

Whereas, The Eleventh General Assembly approved a proposi¬ 
tion to amend the Constitution of the State of Iowa, as will be seen 
in Chapter 98 of the Acts of the said General Assembly; and 

Whereas, Doubts exist as to the legality of said proposition or 
act; therefore, 

Resolved, That the Committee on Amendments to the Constitution 
take such action as is necessary to have a legal opinion on this mat¬ 
ter, or such recommendation as they may deem proper touching this 
case. 

Passed the House, January 29,1868. 

M. C. WOODRUFF, Chief Clerh 




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REPOET OE COMMITTEE. 


Your Committee on Constitutional Amendments, to M’liom -was 
referred the accompanying resolution authorizing them to take such 
action as would be necessary to obtain a legal opinion as to the 
legality of certain steps already taken to amend the Constitution of 
the State, beg leave to report that they have obtained the written 
opinion of the Attorney General on the subject; that said opinion, 
herewith submitted, expresses that no reasonable doubts exist as to 
the legality in form and substance of the steps already taken, which 
meets with the decided approval of the committee, and they recom¬ 
mend action accordingly. 

JOHN McKEAN, Chairman, 

February 1, 1868. 


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OPINION OF THE ATTORNEY GENERAL. 


State of Iowa, Office of Attorney General, 

Des Moines, January 30, 1868. 

To the Committee on Constitutional Amendments^ House of Repre¬ 
sentatives : — 

In reply to your resolution of this date, a copy of which is hereto 
appended, I have the honor to submit the following, viz : 

Recognizing the fundamental right that the people only can alter 
or amend the Constitution, it is provided in that instrument. Article 
10, Sec 1, how (the mode and manner) any amendments may be 
submitted to or brought to the attention of the people — 

1st. Any amendment may be proposed in either House of the 
General Assembly, and if agreed to by a majority of both Houses, 
shall be entered on the journals, &c., and referred to the Legislature 
to be chosen at the next general election, and published for three 
months previous to making such choice. 

Chapter 98, of the Acts of the Eleventh General Assembly, pro¬ 
poses several amendments to the Constitution. 

This proposition was agreed to by a majority of both Houses, and 
referred to the present General Assehibly. It is suggested by Gov. 
Stone in his last message to the General Assembly, that grave doubts 
exist as to the regularity of the act (Chapter 101 of the .Acts of the 
Eleventh General Assembly) referring said proposition to the present 
General Assembly and providing for its publication. 

With the greatest deference for the opinion therein expressed by 
His Excellency, Gov. Stone, I beg to submit, that these doubts are 
not well founded, for the following among other reasons: 






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2d. No formal reference to the next General Assembly is neces¬ 
sary. The approval of the proposition by a majority of both Houses, 
its entry on the journal with the yeas and nays, &c., is in and of 
itself a reference to the next General Assembly, both in form and 
substance. Any further action of the General Assembly in respect 
to such reference is a mere work of supererogation. 

3d. It shall be published as provided by law, &c., for three 
months previous, &c. After the approval and entry on the journals, 
above mentioned, it becomes the manifest duty of the Secretary of 
State to make the publication without any further direction — to 
make it as 'provided hy law. 

The publication was in fact made, and the requirements of the 
Constitution with respect to this proposition have been complied 
with both in form and substance. 

4th. Even if it should be deemed essential to the validity of such 
action, that special and formal direction should be given by the Gen¬ 
eral Assembly, for the reference and publication of such proposition, 
certainly such direction can, in no sense, be said to be a law, to 
require an enacting clause and all the formalities of an Act of the 
General Assembly. A joint resolution is not only sufficient, but 
would be the more proper form to give it. In this view. Chap. 101, 
of the Acts of the last General Assembly, contains all the essentials 
of such a direction — it is passed by both houses and approved by the 
Governor. 

The people, not the legislature, make and amend the Constitution. 
They desire, as early and speedily as the law will permit, to vote on 
these amendments, and I respectfully submit that no mere technical 
objections should be interposed to prevent or retard the action of the 
people in the premises. I think it will be found that not even a 
technical objection exists in the present case; on the contrary, the 
requirements of Article 10 of the Constitution, have been faithfully 
complied with in its letter and spirit. 

With great respect, &c., 

HENRY O’CONNER, 

Attorney General. 







































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